ROCKFORD – An arbitrator has ruled that officer Oda Poole be reinstated with the Rockford Police Department four years after he was involved in the fatal shooting of Mark Anthony Barmore.

Poole was terminated July 15, 2011, and had been assigned to administrative leave from his home before that. City officials confirmed the arbitrator's decision today in a statement.

Barmore was killed in August 2009 after he ran from Poole and officer Stan North into the basement of a downtown church with a day care. Illinois State Police investigators and Winnebago County State's Attorney Joe Bruscato agreed that the use of force was justified. A grand jury also declined to indict the officers.

A city-commissioned investigation later found that although the use of force was justified, the officers used poor tactics and violated departmental policy and training.

The city said an evaluation revealed Poole was no longer fit for duty when he was fired. Poole challenged both the justification for the firing and Chief Chet Epperson's ability to fire him under the terms of the police union's contract.

The arbitrator's decision said Poole must be returned to the status he held with the police department before his termination. The city and the police union also must agree on an independent, neutral doctor to perform a fitness for duty examination on Poole within 90 days.

City officials declined further comment because the issue is still pending.

North was granted a duty disability pension because of mental stress and trauma connected to the incident.